Journal of the House of Lords: Volume 14, 1685-1691. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Jovis, 2 die Januarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Hodie 3a vice lecta est Billa, "An Act to enable Trustees to sell certain Lands of Richard Cooke deceased, for paying of Debts, and raising Portions for Daughters."
The Question being put, "Whether this Bill shall pass for a Law?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Sir Miles Cooke and Mr. Meridith:
To deliver the Bill for enabling Trustees to sell certain Lands of Richard Cooke's deceased, for paying his Debts, &c.; and to desire the Concurrence of the House of Commons thereunto.
Report concerning suborning Witnesses against L. Steward, E. of Stamford, E. of Macclesfield, and L. Delamer.
The Lord Viscount Newport reported, "That the Committee appointed to examine Persons, to prove the endeavouring to suborn Witnesses against the Lord
ford, E. of Macclesfield, and L. Delamer.
Steward, the Earl of Stamford, the Earl of Maccle'feld, and the Lord Delamer, have directed him to give the House this Account of their Proceedings.
"When this Committee first met, there appeared before them one Robert Crag, who deposed against several Persons mentioned in that Report. But the Lords being informed, by a Lord of the House, "that the said Crag had delivered an Information in Writing, to the Cabinet Council of King James, relating to the Invasion of the Duke of Monmouth, which Information was supposed to be in the Hands of Mr. Bridgeman, then a Clerk of the Council;" the Lords ordered that Committee to sit again, and ordered Mr. Bridgeman to bring it before them; which he did accordingly.
"And Mr. Bridgeman, having been sworn before at the Bar of the House, was asked, "How he came by that Information?" Who said, "That several of the Persons taken after the Defeat of the Duke of Monmouth, having given Information that one Crag. could discover much of that Design, he was directed to inquire after one Stokes, Brother in Law, if he mistook not, to the said Crag, to tell him, "That if Crag would come over into England, and confess the Truth of what he knew of the said Design, he should have his Pardon:" Accordingly, after some Time, Crag did come over, and writ a long Narrative, which he gave or sent to the Earl of Sunderland, or to himself: That the Paper or Narrative was read before the King and the Lords of that Council; and that Crag, being called in, some Part of it was read before him, if not the Whole; upon which (the Lords believing Crag had not delivered the full of his Knowledge therein), he was asked, "Whether he had not been in such and such Places, or with such and such Persons, at such and such Times, which he had omitted in his Information?" And he answered Negatively. Two Persons, to the best of his Remembrance, were called in, and confronted against him, who deposing as to those Things in the Affirmative, the Lord Jefferies said, "He was a Rogue, and ought to be committed;" as he was, to Newgate."
"Mr. Bridgeman being asked, "Who those Two Persons were, that were confronted to Crag;" said, "He did believe Jones was One, but could not positively remember."
"Being asked, "If the Lord Grey were not One of them;" said, "he was not sure of the contrary."
"Crag having said in his Examination before (as the Lords Committees conceived), "that Mr. Bridgeman Burton, and Grayham, had been several Times in Newgate with him, to press him to give Testimony against my Lord Delamere and other Lords; "Mr. Bridgeman was asked, "how often he had been there with Crag;" who said, "he was with him there but Once."
"Crag being then called in, was told, "That he had said before, That Mr. Bridgeman, Burton, and Grayham, had been with him Three Times in Newgate, to press him to give Evidence against those Lords, &c. but that Mr. Bridgeman avowed he was with him there but Once." He answered, "he did believe Mr. Bridgeman was with him but Once."
"Being asked, "Who came to him with Graham the Third Time there, upon that Account (Two or Three Days before my Lord Delam'r's Trial);" he said, "Graham came then to him, with One other Person only whom he did not know, being neither Burton nor Bridgeman; and that he never saw my Lord Delamer's Face till since King William came into England."
"Being asked, "Who those Persons were that were confronted to him before King James;" he said, "My Lord Grey and one Wade; and he believed Goodenough was there."
"Being asked, "Whether those Persons did affirm any Thing against him which he had denied?" he answered, "Yes."
"Being asked, "What it was which those Persons did affirm against him, that he knew and had denied;" he desired "to be excused for answering to that, as what might tend to the accusing of himself."
"Whereupon his own Information in Writing was shewed him; and was told, "there was enough in that to condemn him, if he were in any Danger now;" upon which he voluntarily said (without being asked) "he owned that to be his own Hand-writing."
Crag's Paper was delivered in by the Reporter.
Cragg's Information concerning this Business.
Upon Report from the Lords Committees appointed to examine Persons to prove the endeavouring to suborn Witnesses, against the Lord Steward, the Earl of Stamford, Earl of Macclesfeld, and the Lord Delamer:
It is ORDERED, That the Information of Robert Crag shall be read on Monday next, at Ten of the Clock, in the Forenoon.
Cleach to give Security for Sir R. Brook, who has an Appeal depending.
Upon reading the Petition of Sir Robert Brooke Baronet, and Dame Martha his Wife; shewing, "That he lyes under some Indisposition as to his Health; and praying that Andrew Clench, Doctor in Physic, may enter into Recognizance for them, upon an Appeal depending in this House:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Andrew Clench may enter into Recognizance for them, as is desired.
Gore versus Rolt.
Upon Report from the Lords Committees for Petitions; who were of Opinion, "That the Petition of Sir John Gore Knight, complaining of an Award made by Mr. Cristy, and the Confirmation of that Award by the Court of Chancery, the 16th of December last, on the Behalf of Sir Thomas Rolt; and praying that the said Sir Thomas Rolt may answer thereunto:"
It is ORDERED, That the said Sir Thomas Rolt may have a Copy of the said Appeal; and be, and is hereby, required to put in his Answer thereunto in Writing, on Thursday the Ninth of this Instant January, at Ten of the Clock in the Forenoon; whereof the said Sir John Gore is to cause timely Notice to be given to the said Sir Thomas Rolt, to the End he answer accordingly.
Vincent versus Parker.
Upon Report from the Lords Committees for Petitions (the Petition and Appeal of Dame Mary Vincent Widow, and Vincent Vincent Esquire, an Infant, Executor of Sir Mathias Vincent Knight, by the said Dame Mary his Mother and Guardian, complaining of Two Decrees made by the Court of Chancery, on the Behalf of Martha Parker; the 26th of April last, the other in Michaelmas Terme last; and praying to be relieved against the said Decrees, and that the said Martha Parker may answer thereunto; and that all Proceedings in the Courts below may be stayed in the mean Time), "The Lords are of Opinion, that the said Appeal is fit to be received:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Martha Parker may have a Copy of the said Petition and Appeal; and be, and is hereby, required to put in her Answer thereunto in Writing, on Thursday the 23th Instant, at Ten of the Clock in the Forenoon; and that, in the mean Time, all Proceedings in the Courts below be stayed; whereof the said Lady Vincent and Vincent Vincent Esquire are to cause timely Notice to be given to the said Martha Parker, to the End she answer accordingly,
Report concerning Trial of Peers.
ORDERED, That the Report from the Lords Committees for Privileges shall be made on Thursday next, at Ten of the Clock in the Forenoon.
Report from the Committee for Inspections.
The House took into Consideration the Report formerly made from the Committee for Inspections.
And the Examination of Secondary Normansell, and the Examination of Trotman, and the Examination of Sir Peter Rich, and the Examination of Mr. Thomas Tanner, and the Examination of Sir Dudley North, were read, concerning the Trial of the Lord Russell.
Committee to consider of communicating the Informations to H. C.
It was moved, "That these Examinations might be communicated to the House of Commons, at a Conference."
After some Debate;
The House named these Lords, to be a Committee, to inspect the Journals, concerning Informations being taken by this House, and sent from this House to the House of Commons; and to report what they find therein to this House, on Saturday next, at Ten of the Clock.
Their Lordships, or any Three of them; to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings.
Town of Malmsbury versus Reg. et Regin.
The Lord Chief Justice of the King's Bench brought in a Writ of Error:
Alderman. et Burgen. de Malmesbury ver. Dominum & Dominam Regem et Reginam.
Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, (videlicet,) 3um diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.